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· 6/28/2017

Marandas Family Trust ex rel. Marandas v. Pauley

Citations

  • 286 Or. App. 381
  • 398 P.3d 914
  • 2017 Ore. App. LEXIS 828

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that service connection of a disability and degree of disability are separate elements of disability benefits
  • holding that when claimant has both service-connected and non-service-connected disabilities, Board must attempt to discern the effects of each disability and, where such distinction is not possible, attribute such effects to the service-connected disability
  • holding that where it is not possible to distinguish the effects of a nonservice-connected condition from those of a service-connected one, the reasonable doubt doctrine dictates that all symptoms be attributed to the Veteran's service-connected disability
  • explaining that the need for adequate reasons or bases is \particularly acute when [Board] findings and conclusions pertain to the degree of disability resulting from mental disorders\
  • explaining that the need for adequate reasons or bases is \particularly acute when [Board] findings and conclusions pertain to the degree of disability resulting from mental disorders\
  • “In this case, there is no medical evidence in the record separating the effects of the appellant’s service-connected PTSD from his personality disorders.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Armstrong, Egan, Schuman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.